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At Barr Law, PLLC, we are committed to protecting Texas’s most vulnerable residents. In our fiduciary and guardianship practice, we frequently encounter devastating cases of elder abuse and financial exploitation, often involving people who were trusted to act in the best interests of the elderly.
Whether it is abuse by a caregiver, misuse of authority under a power of attorney, or mismanagement by a court-appointed fiduciary, these situations can cause lasting harm. Many families discover signs of exploitation too late—after assets have been depleted or their loved one’s safety has been compromised.
In this article, we share what elder abuse looks like, how financial scams and fiduciary misconduct occur, and what legal remedies are available to protect your loved ones.
Types of elder abuse include:
At Barr Law, we often address the legal and financial dimensions of elder abuse, especially where fiduciary duties are being violated.
A fiduciary is someone legally appointed or entrusted to manage another person’s property or affairs. This includes:
Fiduciaries are bound by duties of loyalty, prudence, good faith, and full transparency. They must act solely in the best interest of the individual or estate they serve and avoid any conflict of interest.
When fiduciaries:
…they may be in breach of their legal obligations and subject to court intervention.
In Texas, court-appointed fiduciaries are held to strict oversight. They may be required to file inventories, annual accountings, or status reports. If they fail to perform their duties or mismanage assets, the court may order their removal, award damages against the fiduciary personally, or take action to recover estate losses. In some cases, fiduciary bonds may be used to compensate for damages caused by misconduct.
Beyond fiduciary breaches, elders are frequently targeted by external scams. These scams are increasingly sophisticated and may include:
These schemes often exploit an elder’s trust, fear, or confusion, leading to substantial financial loss. Family members, guardians, and fiduciaries must stay alert to behavioral or financial red flags, including:
There are multiple legal strategies that can reduce the risk of abuse and ensure accountability, including:
Preventive planning helps minimize risk and ensures transparency, particularly for aging individuals with significant assets or complex medical needs.
If you believe a loved one is being financially exploited, do not wait. It is critical to:
At Barr Law, PLLC, we represent family members, beneficiaries, and guardians in matters involving:
We also assist fiduciaries in fulfilling their legal responsibilities and navigating court requirements with confidence and integrity.
If you are dealing with the possibility of elder abuse or financial exploitation, we are here to help. Whether you are protecting a parent, navigating guardianship, or concerned about a fiduciary’s conduct, you do not have to do it alone.
Reach out today, and let Barr Law guide you with strategic counsel and unwavering support from the outset of your legal matter.
Copyright 2025 © All Right Reserved Barr Law, PLLC. Design by JSBC Marketing